About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2024 Op. Ind. Att'y Gen. 1 (2024)

handle is hein.sag/sagin0146 and id is 1 raw text is: OFFIcE OF THE ATTORNEY GENERAL 302 W WNASHINGTON ST. IGCS 5TH FLOOR SATE OF INDIANA INDIANAPOLIS, IN 46204-2770 TODD ROKITA ATTORNEY GENERAL February 2, 2024 OFFICIAL OPINION 2024-1 Lieutenant Neal Foreman Legal Counsel, Indiana State Police 100 North Senate Ave., IGC-N Indianapolis, IN 46204 RE: Supplement to Official Opinion 2019-6 Dear Lt. Foreman: The Office of the Attorney General (OAG) received your request for an official opinion on whether an expungement under the Indiana Code restores the civil rights of individuals convicted of certain felonies, including the right to purchase or possess a firearm. Please note, the OAG previously issued Official Opinion 2019-6 concerning the restoration of firearm rights under Indiana's expunction statutes. This opinion updates and supplements Official Opinion 2019-6, and is put forth due to the misapplication of Indiana law by the Federal Bureau of Investigation (FBI) and is meant to clarify the firearm rights of an individual convicted as a serious violent felon under Ind. Code § 35-47-4-5, who subsequently has that crime expunged. QUESTION Does an expungement restore a felon's firearm rights when convicted of a serious violent felony under Ind. Code § 35-47-4-5? BRIEF ANSWER Yes, because an expungement restores civil rights with no firearm restrictions. Although Indiana's expungement process is inapplicable to certain felonies, Ind. Code § 35-38-9-10(c) provides that an expungement fully restores a person's civil rights, including the rights to vote, hold public office, serve as a juror, and be a proper person under Indiana law to purchase or possess a firearm. If the legislature intended to create a similar prohibition for serious violent felonies, it could have done so, and the absence of such an exception indicates a legislative intent to restore the civil rights of these individuals. TELEPHONE: 866.462.5246 www.in.gov/attorneygeneral/